Important Amendments to Indian Constitution | Part-5
This Article is Fifth in the series of Important Amendments to the Indian Constitution. The Amendment to the Indian Constitution plays a crucial role for Prelims as well as Mains in UPSC Civil Services examination.
In the series of Important amendments to Indian Consitution, we are going to cover all the important amendments that are crucial from UPSC Exam point of view.
Amendments to the Indian Constitution
The procedure for the Amendment of the Indian Constitution is dealt in detail in the Article 368 in Part XX of the Indian Constitution. Following points should be kept in mind while talking about amendments to the Indian Consitution.
- An amendment of the constitution can be initiated only by the introduction of a bill for the purpose in either House of Parliament and not in the state legislature.
- The bill can be introduced either by a minister or by a private member and does not require prior permission of the President of India.
- The Bill must be passed by Houses with special majority that is two-third (2/3rd) of the members of the House present and voting.
- In case of deadlock between the two houses over the bill, there is no provision of joint sitting in this regard.
- The President must give his assent to the bill. He can neither withold his assent to the bill nor return the bill for reconsideration of the Parliament.
LIST OF IMPORTANT AMENDMENTS TO THE INDIAN CONSTITUTION
|41.||The Constitution (Forty First Amendment) Act, 1976||The Act amended the Article 316 of Indian Constitution and raised Retirement Age Limit of Chairman and Members of Joint Public Service Commissions and State Public Service Commissions from 60 to 62.|
|42.||The Constitution (Forty Second Amendment) Act, 1976||This Act made a number of important amendments in Indian Constitution. These amendments were mainly for purpose of giving effect to the recommendation of Swaran Singh Committee.|
(i) ‘SOCIALIST’, ‘SECULAR’, and ‘INTEGRITY’ added to the Preambly.
(ii) Fundamental Duties were added to Part IVA and made a new Article 51A.
(iii) “Directive Principles were given precedence over Fundamental Rights” and any law made to this effect by the Parliament was kept “beyond the scope of judicial review by the Courts.”
(iv) It authorised the Supreme Court to transfer certain cases from one High Court (HC) to another and redefined the writ jurisdiction of the HCs.
(v) It provided for Administrative Tribunals for speedy justice.
(vi) The Act empowered the Centre to deploy armed forces in any State to deal with the grave law and order situations.
(vii) The Act authorized the President to make Proclamation of Emergency for any part of the country as well.
(viii) It was made obligatory for the President to act on the advice of the Council of Ministers.
(ix) This Amendment increased the tenure of the Lok Sabha and State Assemblies by 1 year.
|43.||The Constitution (Forty Third Amendment) Act, 1977||This Amendment to the Constitution omitted many articles inserted by 42nd Amendment. It restored the writ jurisdiction of the Supreme Court and the High Courts, which had been deprived by the 42nd Amendment.|
(i) It made provisions for the protection of environment, forests and wildlife.
(ii) It made provisions for the protection of children and the youth against exploitation.
(iii) No quorum shall be required for conducting the meeting of the house of the people and the Legislative Assemblies of the State.
(iv) The central government was given the power to send central forces in any state or part of the state to control the law and order in that state and the control of such forces shall rest with the central governement.
|44.||The Constitution (Forty Fourth Amendment) Act, 1978||This amendment was brought by the Janata Party Government which repealed some of the changes effected by 42nd Amendment, omitted a few and provided alterations, the most important are: |
(i) Right to Property was taken away from the list of Fundamental Rights and placed in a new Article 300A as mere legal right.
(ii) Constitutionality of the Proclamation of Emergency by the President can be questioned in a court on the ground of malafide. (42nd Amendment had made it immune from judicial review.)
(iii) It brought the revocation of a Proclamation under Parliamentary control.
(iv) Under National Emergency the words ‘internal disturbance’ has been substituted by the words ‘armed rebellion’.
(v) This Amendment limited the duration of Proclamation made under Art. 356 to a period of one year unless a Proclamation under Art. 352 is in operation and Election Commission certifies the impossiblity to hold election to state assembly concerned in which case it may be extended upto 3 years, by successive resolutions for continuance being passed by both Houses of Parliament.
(vi) It authorized the President to refer back the advice to the Council of Ministers for reconsideration, but made it binding for the President to act on the reconsidered advice.
(vii) The power of the court to decide disputes regarding election of Prime Minister and Speaker was restored.
(viii) Constitutional protection on publication of proceedings of Parliament and State legislature was provided.
(ix) The right to life and personal liberty and the liberty of the press were restored.
(x) The dispute relating to the qualification of the members of the Parliament and the state legislature shall be decided by the President and the Governors respectively.
(xi) The term of the Lok Sabha and the Legislative Assembly of the States reduced to 5 years.
|45.||The Constitution (Forty Fifth Amendment) Act, 1980||This amendment was passed to extend the reservation of the seats in Parliament and State Assemblies for SC/STs for a further period of 10 years.|
|46.||The Constitution (Forty Sixth Amendment) Act, 1982||By this amendment, Article 269 was amended so that the tax levied on the consignment of good in the course inter-state or commerce shall be assigned to the State.|
A new entry 92A was also inserted in the Union List to enable the levy of tax on the consignment of goods where such consignment taken place in the course of inter-state trade or commerce.
|47.||The Constitution (Forty Seventh Amendment) Act, 1984||This amendment is intended to provide for the inclusion of certain land Reforms Acts in the Ninth Schedule to the Constitution with a view to obviating the scope of litigation hampering the implementation process of those Acts.|
|48.||The Constitution (Forty Eighth Amendment) Act, 1984||The Proclamation issued by President under Article 356 of the Constitution with respect to the State of Punjab cannot be continued in force for more than 1 year unless the special conditions mentioned in clause (5) of the said Article are satisfied.|
As it is felt that the continued force of said Proclamation is necessary, therefore the present amendment had been effected so as to make the condition mentioned in clause (5) of Article 356 inapplicable in the instant case.
|49.||The Constitution (Forty Ninth Amendment) Act, 1984||Tripura Government recommended that the provisions of the 6th Schedule to the Constitution may be made applicable to tribal areas of that State. |
The amendment involved in this Act is intended to give a constitutional security to the autonomous District Council functioning in the State.
|50.||The Constitution (Fiftieth Amendment) Act, 1984||By Article 33 of the constitution, the Parliament is empowered to enact laws determining to what extent any of the rights conferred by Part III of the constitution shall, in their application to the members of the armed forces or the forces charged with the maintenance of public order, be restricted or abrogated so as to ensure proper discharge of their duties and maintenance of discipline among them.|
It was proposed to amend Article 33 to as to bring within its ambit :
(i) The members of the Force charged with the protection of property belonging to or in the charge or possession of the state; or
(ii) Persons employed in any bureau or other organisation established by the state for purposes of intelligence or counter-intelligence; or
(iii) Persons employed in or in connection with the telecommunication systems set up for the purposes of any Force, Bureau or Organization.
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